Homosexuality and bisexuality

Overview:

Four anti-discriminatory bills were introduced to the California legislature
during the summer of 2006. The impression given by many religious news services
was that these bills dealt solely with the promotion of homosexuality. In
reality, the bills are aimed at reducing bigotry and discrimination against
persons of all sexual orientations -- heterosexuals, homosexuals and bisexuals.
In addition, the bills protect transgender persons from denigration. Promotion
in these bills is limited to tolerance.

SB 1437: "Bias-free Curriculum Act:"

When SB 1437 was introduced, state law prohibited school instruction, text
books, other instructional material, and school-sponsoring activities that
denigrate people on the basis of their race, sex, color, religious belief,
degree of ability, national origin or ancestry. SB 1437 simply adds sexual
orientation and gender identity to this list. It impacts the curricula at
private schoolsthat accept Cal Grants college grants from the
state. Faith-based childcare centers that accept children with CalWORKS
childcare vouchers would also be affected.

The clause that protects against denigration on the basis of sexual
orientation equally protects all:

Bisexuals -- those attracted to both men and woman, although not
necessarily to the same degree.

The clause referring to gender identity equally protects:

transgender persons -- individuals whose gender role (whether they
perceive themselves to be a man, a woman, or describe themselves in some
less conventional way) 1
does not matches their biological gender, and

In practice, almost all hatred and bigotry is directed against lesbians,
gays, bisexuals, and transgender persons, so these would be the groups who
would be protected most by this bill. This group is often referred to as LGBT.

The California Legislative Counsel's Digest states that:

"The bill would also expand the definition of discrimination under these
provisions to include a perception that a person has any of these enumerated
characteristics or that the person is associated with a person who has, or
is perceived to have, any of these characteristics." 2

A surprising number of heterosexual students are
harassed and abused because they are perceived to be homosexual.

In practical terms, the bill would prohibit teachers from saying that
homosexual orientation is immoral or wrong, just as they could not state that
African Americans, handicapped persons, women, or Catholics are inferior or less
than first-class citizens.

This bill was sponsored by Equity California (EQCA) and introduced by state
Senator Sheila Kuehl (D-Santa Monica), who is a lesbian. In its origin form, it
would have required public schools to discuss the history and achievements of
homosexuals bisexuals and transgender people in the U.S. However, in the face
of a veto promised by Governor Arnold Schwarzenegger (R), that provision was
dropped. An Republican-sponsored amendment would have required parental
permission. It was rejected by a vote of 26 to 48.

The Campaign for Children and Families (CCF), a nonprofit conservative
group, suggested that SB 1437 would ban texts that restrict marriage to a union
of one man and one woman; or sex ed classes that discuss male and female sexual
development; or the selection of only one male and one female as school
representatives. Their president, Randy Thomasson, said: "If you can't say
anything negative [about homosexuality] … that means you have to promote it."

Kuehl, said that this is "balderdash." When asked for examples of what speech
or activity would be banned by the bill, SacBee.com reported: "she said it
might prevent a teacher from stating inaccurately that AIDS would not exist if
not for gays, for example, or prohibit school field trips to any group that's
'organized to bash gay people'." 3

The bill was passed with a comfortable majority on almost a straight
party-line vote. Forty-five Democrats and one Republican voted in favor; 30
Republicans and one Democrat voted against it. Governor Schwarzenegger vetoed
the bill on 2006-SEP-06. Material that denigrates people on the basis of their
race, sex, color, religious belief, degree of ability, national origin or
ancestry will continue to be prohibited. Material that denigrates people on the
basis of their sexual orientation or gender identity remains legal.

Comments on the bill:

Most religious conservatives are distressed at the bill. They believe that it
interferes with their religious freedom to teach that homosexuals, bisexuals and
transgender persons are choosing a sinful, immoral lifestyle. Most liberals
and members of sexual minorities support the bill because they believe it will
remove homophobia and bias against transgender persons from the curricula of
public schools.

Assembly Speaker Fabian Núñez, (D-Los Angeles), said: "We'll send a
message here that California is above it, that each and every person in our
schools is going to be treated with the love and respect they deserve."

Assemblyperson Dennis Mountjoy, (R-Monrovia), described the bill as a
dangerous form of "social experimentation." He said: "This is not
about discrimination, it's about acceptance. You want us in society to
accept homosexuality as normality -- and it's not."

Assemblyperson Chuck DeVore, (R-Irvine) said that SB 1437 "seems to
be a bill in search of a problem that doesn't exist."

Randy Thomasson, president
of CCF said:

"We call upon Governor
Schwarzenegger to keep his promise to veto SB 1437, which micromanages
public schools by forcing them to promote a gaggle of sexual lifestyles
that disturb parents and confuse kids. If Schwarzenegger abandons
children by signing any of these school indoctrination bills, pro-family
voters will abandon him.”

Assembly Speaker Fabian Núñez,
(D-Los Angeles), said:

"Harassment occurs each and every day," [The bill] says to LBGT
students that they, too, are human. Let's send that message to those
students, that they matter, that their humanity is just as important as
anybody else's." 3,4

SB 1441: "Nondiscrimination in State Programs and Activities Act"

SB 1441, was also sponsored by Equity California (EQCA) and introduced by
state Senator Sheila Kuehl (D-Santa Monica). It requires all businesses, schools
and institutions that accept any state money to not discriminate against
homosexuals, bisexuals and transsexuals. The bill did not include a religious
exemption, so that state funding could be removed from
non-conforming religiously-based child care centers and private schools that
accept CalWORKS childcare vouchers and Cal Grant college grants. As for the
companion bill SB 1437, most religious conservatives are distressed at the bill.
They believe that it interferes with their religious freedom to teach that
homosexuals, bisexuals and transgender persons are choosing a sinful, immoral
lifestyle, or to discriminate against them. Again, it only applies to groups
that receive funding from the state. CCF, a conservative advocacy group,
referred to the legislation as "The religion-squashing
transsexual-bisexual-homosexual agenda bill." 5 Most liberals and members of sexual
minorities support the bill because they believe it will reduce homophobia and
bias against transgender persons by California organizations.

The California Legislative Counsel's Digest states that:

"Existing law prohibits discrimination on the basis of, among other
things, race, national origin, ethnic group identification, religion, age,
sex, color, or disability, against any person in any program or activity
conducted, operated, or administered by the state or by any state agency, or
that is funded directly by the state, or that receives any financial
assistance from the state. Existing law ... This bill would add sexual
orientation to these provisions ... The bill would also expand the
definition of discrimination under these provisions to include a perception
that a person has any of these enumerated characteristics or that the person
is associated with a person who has, or is perceived to have, any of these
characteristics." 6

The bill states:

"11135. (a) No person in the State of
California shall, on the basis of race, national origin, ethnic group
identification, religion, age, sex, sexual orientation, color, or
disability, be unlawfully denied full and equal access to the benefits of,
or be unlawfully subjected to discrimination under, any program or activity
that is conducted, operated, or administered by the state or by any state
agency, is funded directly by the state, or receives any financial
assistance from the state." 6

The bill protects against denigration on the basis of sexual orientation and
gender identity. It equally protects all heterosexuals, homosexuals, bisexuals,
non-transgender and transgender persons. In practice, almost all
discrimination based on sexual orientation and gender identity is directed
against lesbians, gays, bisexuals, and transgender persons; so these would be
the groups who would be protected most by this bill.

Comments on the bill:

Geoff Kors, EQCA executive director of EQCA said:

"I'm proud that SB 1441 has earned the distinction of being the first
EQCA-sponsored bill to pass the Legislature this year. Once again,
California is leading the way in providing the most comprehensive
nondiscrimination protections in the country, and for that we thank the
tremendous leadership of Senator Kuehl and our many partners in the
legislature." 7

Randy Thomasson, president of CCF, said:

SB 1441 will force religious colleges to either abandon their
Biblical standards on sexuality, or reject students with state financial
aid. Schwarzenegger is doing what Gray Davis did – trample religious
freedom at the bidding of liberal activists from San Francisco and West
Hollywood. Arnold Schwarzenegger has two faces. He speaks at churches
and says he believes in religious freedom and family values, yet he’s
stabbing pro-family Californians in the back. People of faith are
suffering under Arnold Schwarzenegger. He’s not the lesser of two evils,
he’s doing evil." 8

Senator Sheila Kuehl, who introduced the bill said:

"I am very pleased that my colleagues passed this measure and
supported the principle that everyone should have equal access to the
programs and services provided by our government. With Governor
Schwarzenegger's signature, this bill will close an important gap in
California's nondiscrimination laws." 7

Governor Schwarzenegger signed the bill into law on 2006-AUG-28. Gay Rights
Watch commented that: "Governor Schwarzenegger ... has signed more pro-GLBT
laws than any other Governor in California history--and probably in the US for
that matter." 9

AB 606: "Safe Place to Earn Act:"

Bill AB 606 is sponsored by Lloyd Levine (D-Van Nuys). As of 2006-AUG-29, the
bill is in the Senate.

The text of the bill notes that:

"Studies show that pupils in California continue to experience
discrimination and harassment, and that discrimination and harassment based
on actual and perceived gender identity and sexual orientation is
particularly pervasive." 10

Existing legislation prohibits discrimination against students on these
grounds. This bill would require each school district to create and publicize an
anti-discrimination and anti-harassment policy protecting persons of all
sexual orientations and gender identifications. As above, it would mainly
protect homosexuals, bisexuals and transgender students because they receive
the brunt of discrimination and hatred against sexual minorities.

The bill would repeal certain provisions of the California Student Safety
and Violence Prevention Act of 2000, namely those clauses that "...do not
require the inclusion of specified instructional materials in any program or
activity conducted by an educational institution or postsecondary educational
institution."

AB 1056: "Tolerance Education Pilot Program:"

Bill AB 1056 is sponsored by Judy Chu (D-Monterey Park). As of 2006-AUG-29,
the bill is in the Senate.

It would authorize
$250,000 to fund a voluntary tolerance education pilot program at ten public
schools. It is designed "...to promote instruction on tolerance and
inter-group relations as part of the instruction in the history/social science
content standards..."

The bill defines "tolerance" as meaning:

"...attitudes and behaviors that convey respect toward individuals and
groups, especially those individuals and groups that have been, and continue
to be, systematically and historically marginalized. Tolerance does not mean
a passive allowance or indulgence of the beliefs or practices of another
individual."

The programs would be broadly based and might include coverage of:

"...discrimination based on actual or perceived gender, ethnic group
identification, race, national origin, religion, mental or physical
disability, sexual orientation, immigrant status, familial status, or
association with a person or group with one or more of these actual or
perceived characteristics."